Parish clerk's constructive dismissal claim fails as no protected disclosures found
A parish clerk who resigned and claimed constructive dismissal lost her case because the tribunal found she made no public interest disclosures and no breach of contract by the council.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as parish clerk by Tydd St Mary Parish Council.
- The claimant alleged four public interest disclosures, but the tribunal found none were made.
- The claimant resigned and claimed constructive dismissal, but the tribunal found no breach of contract.
- The claimant applied for reconsideration, arguing her health deteriorated during the hearing.
- The tribunal refused reconsideration, finding no reasonable prospect of varying the decision.
Timeline
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Alleged oral disclosure
The claimant claims she made a public interest disclosure in a meeting on this date.
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Claimant's health issue
The claimant suffered a trans ischaemic attack in 2022, with ongoing symptoms.
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Hearing day 1
First day of the five-day hearing. The claimant gave evidence from just before lunch to mid-morning of day 2.
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Judgment delivered
The tribunal dismissed both claims. Oral reasons were given.
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Reconsideration application
The claimant sent emails applying for reconsideration, citing health deterioration.
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Reconsideration refused
Employment Judge Fredericks-Bowyer refused the application.
The legal issue
The tribunal had to decide whether the claimant made protected public interest disclosures and whether the council's conduct amounted to a constructive dismissal.
The outcome
The tribunal dismissed both claims. It found that none of the four alleged disclosures qualified as protected public interest disclosures. The constructive dismissal claim failed because the council did not breach the employment contract. The claimant's application for reconsideration was also refused.
Lessons & takeaways
- To succeed in a whistleblowing claim, you must show you disclosed specific information, not just made requests or warnings.
- Constructive dismissal requires a fundamental breach of contract by the employer; feeling excluded or unhappy is not enough.
- Tribunals will make adjustments for health conditions, but you must ask for a postponement if you cannot proceed.
- Litigants in person should focus on the agreed list of issues, not unrelated complaints about the employer's decisions.
What this case shows in practice
This case illustrates the high bar for whistleblowing and constructive dismissal claims. The parish clerk alleged she made four public interest disclosures, but the tribunal found she did not disclose any information that qualified. Her emails and statements were either requests for information, warnings to lever a response, or not from her at all. Without a protected disclosure, her detriment claim could not succeed.
Her constructive dismissal claim also failed. She argued the council excluded her and spoke negatively about her, but she agreed councillors were not obliged to follow her advice. The tribunal found no breach of contract, partly because she was unaware of the derogatory emails until after she resigned.
What the losing side could have done differently
The claimant focused her efforts on perceived conflicts of interest and safety issues, which were irrelevant to her employment claims. The tribunal directed her to the agreed list of issues, but she did not adjust her approach. A more focused presentation on the legal elements might have helped, but the fundamental problem was the lack of evidence for protected disclosures or breach of contract.
Why the result matters for similar claims
This case is a reminder that whistleblowing claims require clear evidence of information disclosure in the public interest. Constructive dismissal claims need a serious breach of contract, not just poor management or exclusion. The tribunal also refused reconsideration, noting the claimant's health issues were accommodated during the hearing and did not affect the outcome.
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